[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Notices]
[Pages 12175-12176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4663]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8287-7]


Clean Water Act Section 303(d): Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This action announces the availability of EPA decisions 
identifying water quality limited segments and associated pollutants in 
California to be listed pursuant to Clean Water Act section 303(d)(2), 
and requests public comment. Section 303(d)(2) requires that states 
submit and EPA approve or disapprove lists of waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain state water quality standards and for which total maximum 
daily loads (TMDLs) must be prepared.
    On November 30, 2006, EPA partially approved California's 2004-2006 
303(d) submittal. Specifically, EPA approved California's proposal to 
list impaired waters and associated pollutants. On March 8, 2007, EPA 
partially disapproved California's decisions not to list 64 water 
quality limited segments and associated pollutants, and additional 
pollutants for 37 water bodies already listed by the State. EPA 
identified these additional water bodies and pollutants for inclusion 
on the State's 2004-2006 section 303(d) list.
    EPA is providing the public the opportunity to review its decisions 
to add waters and pollutants to California 2004-2006 section 303(d) 
list, as required by EPA's Public Participation regulations. EPA will 
consider public comments in reaching its final decisions on the 
additional water bodies and pollutants identified for inclusion on 
California's final lists.

DATES: Comments must be submitted to EPA on or before April 16, 2007.

ADDRESSES: Comments on the proposed decisions should be sent to Peter 
Kozelka, TMDL Liaison, Water Division (WTR-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, telephone (415) 972-3448, facsimile (415) 947-3537, e-mail 
[email protected]. Oral comments will not be considered. Copies of 
the decisions concerning California's 303(d) list which explain the 
rationale for EPA's decisions can be obtained at EPA Region 9's Web 
site at http://www.epa.gov/region9/water/tmdl/303d.html by writing or 
calling Mr. Kozelka at the above address. Underlying documentation 
comprising the record for these decisions is available for public 
inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Peter Kozelka at (415) 972-3448 or 
[email protected].

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA) 
requires that each state identify those waters for which existing 
technology-based pollution controls are not stringent enough to attain 
or maintain state water quality standards. For those waters, states are 
required to establish TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include 
requirements related to the implementation of Section 303(d) of the CWA 
(40 CFR 130.7). The regulations require states to identify water 
quality limited waters still requiring TMDLs every two years. The lists 
of waters still needing TMDLs must also include priority rankings and 
must identify the waters targeted for TMDL development during the next 
two years (40 CFR 130.7). On March 31, 2000, EPA promulgated a revision 
to this

[[Page 12176]]

regulation that waived the requirement for states to submit Section 
303(d) lists in 2000 except in cases where a court order, consent 
decree, or settlement agreement required EPA to take action on a list 
in 2000 (65 FR 17170).
    Consistent with EPA's regulations, California submitted to EPA its 
listing decisions under Section 303(d)(2) on November 24, 2006. On 
November 30, 2006, EPA approved California's list of impaired waters, 
except Walnut Creek Toxicity. EPA disapproved California's decisions 
not to list 64 water quality limited segments and associated 
pollutants, and additional pollutants for 37 water bodies already 
listed by the State. EPA identified these additional waters and 
pollutants for inclusion on the 2004-2006 Section 303(d) list. EPA 
solicits public comment on its identification of these additional 
waters and associated pollutants for inclusion on California's 2004-
2006 Section 303(d) list.

    Dated: March 8, 2007.
Alexis Strauss,
Director, Water Division, Region IX.
 [FR Doc. E7-4663 Filed 3-14-07; 8:45 am]
BILLING CODE 6560-50-P